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DECREE No

DECREE No. 35-CP ISSUED BY THE GOVERNMENT ON APRIL 25, 1994 REGARDING THE REORGANIZATION OF THE STEERING OF THE MARKET MANAGEMENT AND THE FIGHT AGAINST SPECULATION AND ILLICIT TRADE

THE GOVERNMENT

Proceeding from the Law on Organization of the Government passed on the 30th of September 1992;

Pursuant to the Resolution adopted at the Government session on the 3rd of January 1994;

With a view to promoting the State-management responsibility of the ministries, the agencies at the ministerial level, and the agencies under the Government in steering the market management and the fight against speculation, illicit trade, production and trade of fake goods, and other unlawful business acts;

At the request of the Minister-Chairman of the Government Commission on Organization and Personnel.

DECREES:

Article 1.- To assign to the Ministry of Trade, in addition to its State-management function over trade activities as provided for in Decree No. 95-CP of December 4, the unified steering work of market management in the whole country, including the organization of the coordination between branches and localities in the fight against speculation, illicit trade, production and trade of fake goods and other unlawful business acts.

Article 2.- The ministries, the agencies at the ministerial level, the agencies under the Government and the People's Committees of the provinces and cities directly attached to the Central Government, in accordance with their State-management functions, shall be responsible for the steering of the work of market management and the fight against speculation, illicit trade, production and trade of fake goods and other unlawful business acts within their branches, fields of operation and territories; and, in coordination with the Ministry of Trade, shall ensure the unified implementation of the task of market management in the whole country.

The Ministry of Trade, upon consulting with the concerned agencies, shall submit to the Prime Minister for approval the detailed specification of the responsibility and relationship between the Ministry of Trade and the other ministries, the agencies at the ministerial level, the agencies under the Government and the People's Committees at all levels in the work of market management and the fight against speculation and illicit trade.

Article 3.- To transfer the staff, documents and assets of the Central Steering Commission for Market Management (including the Central Market Inspection Teams) to the Ministry of Trade for management and utilization to ensure that the work is continued without interruption.

After this transfer to the Ministry of Trade, the Central Steering Commission for Market Management shall cease to operate.

The Ministry of Trade is responsible for designing for Government approval an appropriate organization at the Ministry and at localities to ensure the management of the market and the fight against illicit trade.

Article 4.- Pending the Government decision on a new organization for the management of the market

- The People's Committees of provinces and cities directly attached to the Central Government are allowed to maintain the existing organizations to assist them in steering the work of market management and the fight against speculation and illicit trade;

- The existing Market Inspection Teams at the central and local levels shall be maintained to carry out the inspection and control of the market in line with the regulations already effected by the Central Steering Commission for market Management; the staff of these teams still are entitled to regimes provided for in Article 8 of Decree No. 398-HDBT of December 6, 1991, and the other existing regimes.

Article 5.- This Decree shall take effect from the date of issuance. Decision No. 412-CT issued on December 26, 1991 by the Chairman of the Council of Ministers and the provisions contained in Decree No. 398-HDBT of December 6, 1991, which are contrary to this Decree shall be annulled.

Article 6.- The Minister-Director of the Office of the Government, the Minister of Trade, the Chairman of the Central Steering Commission for Market Management, the Minister-Chairman of the Government Commission on Organization and Personnel, the Ministers and Heads of the agencies under the Government, and the Chairmen of the People's Committees of provinces and cities directly attached the Central Government, shall be responsible for the implementation of this Decree.

For the Government

Prime Minister

VO VAN KIET